Part 5

Safeguarding vulnerable groups, criminal records etc.
CHAPTER 5

Disregarding certain convictions for buggery etc: Northern Ireland

General

Power of Department of Justice to disregard certain convictions or cautions
101A
1
A person who has in Northern Ireland been convicted of, or cautioned for, an offence under—
a
Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (
S.I. 2003/1247 (N.I. 13)
) (buggery),
b
Article 7 of the Homosexual Offences (Northern Ireland) Order 1982 (
S.I. 1982/1536 (N.I. 19)
) (procuring others to commit homosexual acts),
c
section 61 of the Offences against the Person Act 1861 (buggery), or
d
section 11 of the Criminal Law Amendment Act 1885 (indecent acts between men),
may apply to the Department of Justice in Northern Ireland for the conviction or caution to become a disregarded conviction or caution.
2
A conviction or caution becomes a disregarded conviction or caution when conditions A and B are met.
3
In relation to an offence under Article 7 of the Homosexual Offences (Northern Ireland) Order 1982, Condition A is that the Department of Justice in Northern Ireland decides that it appears that—
a
the conduct procured was conduct involving persons who consented to it and were aged 17 or over (whether or not that conduct occurred), and
b
the conduct procured would not now be an offence under Article 75 of the Sexual Offences (Northern Ireland) Order 2008 (
S.I. 2008/1769 (N.I. 2)
) (sexual activity in a public lavatory).
4
In relation to any other offence mentioned in subsection (1), Condition A is that the Department of Justice in Northern Ireland decides that it appears that—
a
the other person involved in the conduct constituting the offence consented to it and was aged 17 or over, and
b
any such conduct now would not be an offence under Article 75 of the Sexual Offences (Northern Ireland) Order 2008 (
S.I. 2008/1769 (N.I. 2)
).
5
Condition B is that—
a
the Department of Justice in Northern Ireland has given notice of the decision to the applicant under section 101C(4)(b), and
b
the period of 14 days beginning with the day on which the notice was given has ended.
6
Sections 101D to 101G explain the effect of a conviction or caution becoming a disregarded conviction or caution.
S. 101A: power to amend conferred (N.I.) (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 171, 183(1)(5)(e) (with s. 172)
Pt. 5 Ch. 5 inserted (31.1.2017 for specified purposes, 28.6.2018) by Policing and Crime Act 2017 (c. 3), ss. 168(1), 183(4)(5)(e); S.R. 2018/128, art. 2(a)
Pt. 5 Ch. 5: power to amend conferred (N.I.) (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 171, 183(1)(5)(e) (with s. 172)